Inactive

Page 1 of 9 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: _36C250-19-AP-6342_ Contracting Activity: Depart... Page 1 of 9 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: _36C250-19-AP-6342_ Contracting Activity: Department of Veterans Affairs, VISN 10, Battle Creek VA Medical Center (BCVAMC) (515), Network Contracting Office 10, 24 Frank Lloyd Wright Drive, Lobby M, Suite 2200 Ann Arbor, MI 48105. Purchase Request/2237# 515-19-4-043-1162 Nature and/or Description of the Action Being Processed: A short-term firm-fixed price contract for 2.8 FTE (6,000 hours annually) Medical Officer of the Day (MOD) physician services for the Battle Creek VA Medical Center (BCVMC). The period of performance is from 9/21/2019 to 9/20/2020. The previous contract (BPA 36C25019A0041/Task Order 36C25019A0041), awarded 5/29/2019 to A-Team Solutions, LLC, (A-Team) with an effective date of 8/5/2019 was terminated for cause effective 9/21/2019. The failure of A-Team Solutions, LLC (A-Team) to ensure the proposed physicians for this contract timely submit and complete all required documentation required for credentialing resulted in A-Team not providing MOD Physician services for the Battle Creek VA Medical Center on August 18th, 25th, 26th to 31st and September 2nd, 3rd and 5th. A Show Cause Notice was issued to A-Team on September 6, 2019 and a termination notice was issued on September 17th with an effective termination date of September 21, 2019. The Termination Notice referenced the Performance Work Statement of the BPA which required the contractor to provide 2.8 FTE MOD Physician services at the Battle Creek VAMC from 6:00pm to 7:00am, Monday through Thursday and 6:00 pm thru 7:00 am on weekends and holidays. The failure to provide credentialed MOD physicians constituted a default of the contract. A-Team solutions only filled 61% of the required shifts in August 2019, 63% of the shifts in September 2019 and 43% of the projected shifts in October 2019. Vista Staffing Solutions, Inc. (Vista) immediately provided a number of previously-credentialed (at the BCVAMC) MOD physicians for MOD services at the BCVAMC. A new contract, 36C25019C0284, was awarded to Vista Staffing Solutions, Inc. (Vista) on 9/20/2019 with an effective date of 9/21/2019. Description of Supplies/Services Required to Meet the Agency s Needs: An emergency short-term contract for 2.8 FTE (6,000 hours annually) Medical Officer of the Day (MOD) physician services for the Battle Creek VA Medical Center was awarded. The period of performance is from 9/21/2019 to 9/20/2020 which allows for time to solicit and award a new, long-term new contract plus time to onboard the new physicians. Onboarding, which includes completing the credentialing and background investigation processes, can take several weeks. Services under the short-term contract are to be performed during the hours of 6:00 pm to 7:00 am Monday through Thursday and 6:00 pm Friday through 7:00 am Monday (the entire weekend) and all federal holidays. The contract total is $1,014,000.00. Statutory Authority Permitting Other than Full and Open Competition: ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1; (X) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The previous contract identified in Section 2 above was terminated for cause effective 9/21/2019. The need for these direct patient care services necessitated that a new contract needed to be put in place as expeditiously as possible in order to prevent an adverse impact to patient care. The former contractor, Vista Staffing Solutions, Inc. provided MOD physician services to the BCVAMC under Contract VA251-16-F-1709 which expired 8/15/2019. Vista has many physicians already credentialed at the BCVAMC and expressed an interest in providing services starting on 9/21/2019. Only those physicians previously credentialed at the Battle Creek VA Medical Center could complete an abbreviated credentialing process and immediately provide services for the BCVAMC. Due to the time required to solicit and award a new contract, as well as the lengthy credentialing process required of a contractor with non-credentialed physicians, Vista Staffing was uniquely qualified to provide the required services without undue delay and impact to patient care. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A special notice was published to FBO (36C25019Q1447_1) on 9/18/2019. The notice listed the proposed contract action and closed on 9/19/2019. One (1) response by an SDVOSB staffing company, Millbrook, Support Services, Inc., who simply introduced themselves and provided a capability statement, was received. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The quoted pricing from Vista Staffing Solutions of $1,014,000 is determined to be fair and reasonable in accordance with FAR 8.405-3(b)(2)(vii) based on a comparison of the proposed price with prices found reasonable on past purchases. Contract VA251-16-F-1709, MOD Physician Services for the Battle Creek VAMC, which ended 8/15/2019, had a total price of $1,012,141 at an hourly rate of $169 per hour. The new contract is also priced at $169 per hour. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The last contract action was set aside to SDVOSB vendors on GSA, under SIN 621-001, primary care physicians. The VIP database for this procurement was checked, utilizing the NAICS code of 561320, with numerous results. However, the VA Rule of Two did not apply as the contract action was procured under Unusual and Compelling Urgency per FAR 6.302-2. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Vista Staffing Solutions, Inc, 2800 E. Cottonwood Pkwy, STE 400, Cottonwood Heights, UT 84121. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: A replacement contract, awarded on a competitive basis, with a base and four option years, will be awarded with an effective date of June 21, 2020. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ MARIA D. HOPKINS Date Supervisory Health Systems Specialist Battle Creek VAMC Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: Contracting Officer or Designee s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ ROBERT J. KAY Date Contracting Officer Network Contracting Office 10 One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition. _____________________________ _______________________ Alexander J. Daniel Date Branch Chief, Healthcare Team 2 Network Contracting Office 10 _____________________________ ________________________ JONATHAN S. LATSON Date Acting Division Chief, Healthcare and General Services Network Contracting Office 10 _____________________________ ________________________ MARIE L. SMITH Date Director of Contracting Network Contracting Office 10 VHA RPOC HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval for other than full and open competition. _____________________________ ________________________ TERRY L. SPITZMILLER Date Executive Director Regional Procurement Office Central (VHA)